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KAPLAN v. CITY OF NEW YORK

6 A.D.2d 489 (1958)

Lillian Kaplan et al., Respondents, et al., Plaintiff, v. City of New York, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 25, 1958.

Attorney(s) appearing for the Case

Eugene J. Keefe of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for City of New York, appellant.

Isidor Enselman of counsel (Louis Solomon with him on the brief; Louis Solomon, attorney), for Lillian Kaplan, respondent.

Jacob D. Fuchsberg of counsel (Abraham Fuchsberg and B. Hoffman Miller with him on the brief; Jacob D. Fuchsberg, attorney), for Bobbie Green and others, respondents.

BREITEL, J. P., M. M. FRANK, VALENTE, McNALLY and STEVENS, JJ., concur.

Per Curiam.

Plaintiffs, passengers in a private taxicab, owned and operated by one Lomio, sue the defendants City of New York and Lomio for personal injuries arising out of the collision of the taxicab with a pillar supporting an elevated rapid transit railroad overpass on Baychester Avenue in The Bronx. The city appeals from the judgment and verdict at Trial Term in favor of the plaintiffs against it. The judgment...

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